The "O'Brien Test"
for "Incidental" Regulation of Speech
(regulation affecting both conduct and speech)

1. To be upheld,
the law must further an important governmental
interest.
2. To be upheld, the important interest
must be unrelated to the suppression of a
message.
3. To be upheld, the law must be narrowly
drawn to not restrict more speech than necessary
to serve the governmental interest.
4. The speaker must be left with ample
alternative means to effectively communicate his
or her message.